[quote author="usctrojanman29" date=1232356290][quote author="awgee" date=1232355457][quote author="usctrojanman29" date=1232353984][quote author="awgee" date=1232352533][quote author="irvine123" date=1232340672]My suggestion: hire a real estate attorney to represent you on an hourly basis. Won't cost you $9000, and you can make sure everything is in order.</blockquote>
An attorney, since not being paid on commission, can advise you regarding the purchase contract with only your interests in mind. Any re agents involved always need the deal to close.</blockquote>
So basically the attorney gets paid whether the deal gets done or not. What happens if there are complications or the deal falls through and the buyer needs to move on to another property? That's right...big attorney fees. There is a reason why most people use a realtor instead of an attorney (no out-of-pocket costs to the buyers). For someone like you Awgee, the use of an attorney may be more beneficial but for most people it is better to find a good realtor to present them. Sure the majority of realtors are worthless and greedy, but there are exceptions to the rule. It's best for the buyer to talk to the realtor about what they are looking and if they sense that the realtor is too pushy then they should find themselves another realtor. A good realtor will fight for their buyer to get them the best price. As in other businesses, a realtor's reputation is the thing that gets them referrals and new business.</blockquote>
Absolutely! If I want representation, I want someone who is getting paid whether or not the deal gets done.
Otherwise, they are only, <strong>and I mean ONLY</strong>, representing a closed deal, which may not be in my interest. And mistakenly paying for someone to represent my interest when they only represent their own interest will be much more costly in the long run. Trusting a buyer's agent to negotiate the best price will cost a heck of a lot more than both the agent's commission and the lawyer's fee together.
The important thing is to be realistic and don't kid yourself about who is working for who and what. If I had a dollar for every sales person who said that they wouldn't be in business if they didn't uphold their rep. What a crock!
If a person is getting paid out of the deal, then their interest is the deal. There is nothing immoral or illegal about that, but it is ignorant for whoever is paying not to be realistic about the different parties' motivations. I remember purchasing a home where the listing agent and the seller kept repeating how important it was that they were selling to a nice family. I wanted to gag. I do not care who is paying the agents or how much. I only care about paying as little as possible, and that is real. I do not <strong>TRUST</strong> the others involved in the deal. I trust only that everybody concerned is looking out for their best interest. The original poster could save a lot of trouble if he/she understands that. He/she can deal exclusively with the listing agent as long as they keep it clear that the listing agent is not working for them or has their interest at heart.
When the buying agent gets paid, who pays them? That is bottom line. The buyer's agent is working for whomever is paying them.</blockquote>
I'm not saying that the incentives are misaligned in real estate, including with the buyer's agents, but to say that buyer's agent is working for the seller (since the seller is the one paying the commission) is a bit of a stretch. Again, I'm not gonna make excuses for the idiot realtors that will the good ones a bad name but to paint everyone with the same brush is a bit unfair. Plus, don't get me started on lawyers because I've worked with them enough to know that they'll suck the last dollar they can out of a client. It's a damned if u do and damned if you don't situation. A good buyer's agent is providing enough information to their buyers to make an informed decision regarding a potential offer as well as not pushing them into it by telling them..."this property won't last" or "we want to get an offer in before someone else does" I've always been more of a consultant for the buyers that I've represented by giving them the tools and information they need to make a decision they can sleep with at night.</blockquote>
No, it is not a stretch. It is fact. Until recently, the last ten years or so, even the courts agreed and consistently ruled in legal disputes that buying agent represented the sellers because they were paid and contracted by the sellers. And the only reason it changed is because the NAR paid huge lobbying money to pass legislation saying that buying agents represent buyers. But legislation does not change reality, it only changes definition.
I am sorry if you do not like this, but it is what it is. Pretending does not change reality. Like everybody else in the world, realtors work for the person who pays them. Folks can pretend otherwise if they do not want to face the fact that they are in reality responsible for every decision and fact involved in a re deal, but they are just pretending. Bottom line, the only person looking out for your interests in an re deal is you.